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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Criminal Code Amendment (Prohibition
of Nazi Symbols) Bill 2023
No. , 2023
(Mr Leeser)
A Bill for an Act to amend the
Criminal Code Act
1995
, and for related purposes
No. , 2023
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Criminal Code Act 1995
3
No. , 2023
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
1
A Bill for an Act to amend the
Criminal Code Act
1
1995
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Criminal Code Amendment (Prohibition of Nazi
5
Symbols) Act 2023
.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
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12
2
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments
Schedule 1
No. , 2023
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
3
Schedule 1--Amendments
1
2
Criminal Code Act 1995
3
1 After Division 80 of the
Criminal Code
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Insert:
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Division 81--Prohibition of public display of Nazi symbols
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81.1 Prohibition of public display of Nazi symbols
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(1) A person commits an offence if:
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(a) the person publicly displays a Nazi symbol; and
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(b) the person knows that the symbol is a Nazi symbol.
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Penalty: Imprisonment for 12 months or 100 penalty units.
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(2) For the purposes of paragraph (1)(a), displays a Nazi symbol
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includes, but is not limited to, giving the Nazi salute.
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(3) Subsection (1) does not apply if:
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(a) the person has a reasonable excuse; or
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(b) the display is for a genuine scientific, educational or artistic
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purpose; or
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(c) the display is part of a communication made for the purposes
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of, or in the course of, a person's work as a journalist in a
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professional capacity; or
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(d) the display is for a purpose that is in the public interest.
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Note:
A defendant bears an evidential burden in relation to the matter in
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subsection (3) (see subsection 13.3.(3)).
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(4) To avoid doubt, the display of a swastika in connection with
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Buddhism, Hinduism or Jainism does not constitute the display of
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a Nazi symbol.
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(5) This section does not apply to the extent (if any) that it would
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infringe any constitutional doctrine of implied freedom of political
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communication.
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Schedule 1
Amendments
4
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
No. , 2023
(6) In addition to its effect apart from this subsection, this section has
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the effect it would have if a reference to display were expressly
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confined to a display that occurs:
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(a) at a place referred to in paragraph 52(i) of the Constitution;
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or
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(b) on land used by the Commonwealth for purposes related to
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the defence of the Commonwealth; or
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(c) in a Territory.
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81.2 Geographical application
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(1) Section 81.1 applies only to acts done in Australia.
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(2) This section has effect despite section 14.1 (Standard geographical
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jurisdiction).
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81.3 Division not intended to exclude State or Territory laws
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It is the intention of Parliament that this Division is not to apply to
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the exclusion of a law of a State or Territory to the extent that the
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law is capable of operating concurrently with this Division.
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